pharmacy act,1948

8/6/2019 Pharmacy Act,1948

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The Pharmacy Act, 1948(8 of 1948)

1

[4th March, 1948.]

An Act to regulate the profession of pharmacy.

Whereas it is expedient to make better provision for the

regulation of the profession and practice of pharmacy and

for that purpose to constitute Pharmacy Councils;

It is hereby enacted as follows:

CHAPTER 1 - INTRODUCTORY

1.Short title, extent and commencement.

(1) This Act may be called the Pharmacy Act, 1948.

2(2) It extends to the whole of India except the State of Jammu

and Kashmir.]

(3) It shall come into force at once, but Chapters III, IV and V

shall take effect in a particular State from such date 3[***] as the


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State Government may, by notification in the Official Gazette,

appoint in this behalf:

4[Provided that where on account of the territorial changes

brought about by the reorganisation of States on the 1st day of

November, 1956, Chapters III, IV and V have effect only in a

part of a State, the said Chapters shall take effect in the

remaining part of that State from such date as the State

Government may in like manner appoint.]

2. Interpretation. In this Act, unless there is anything

repugnant in the subject or context,

(a) agreement means an agreement entered into under section

20;

(b) approved means approved by the Central Council under

section 12 orsection 14;

5[(c) Central Council means the Pharmacy Council of

India constituted undersection 3;

(d) Central Register means the register of pharmacists

maintained by the Central Council undersection 15 A;


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(da) Executive Committee means the Executive Committee

of the Central Council or of the State Council, as the context

may require;

(e) Indian University means a University within the meaning

ofsection 3 of the University Grants Commission Act, 1956,

(3 of 1956) and includes such other institutions, being

institutions established by or under a Central Act, as the Central

Government may, by notification in the Official Gazette, specify

in this behalf;]

6[(f) medical practitioner means a person

(i) holding a qualification granted by an authority specified or

notified undersection 3 of the Indian Medical Degrees Act,

1916 (7 of 1916), or specified in the Schedules to the Indian

Medical Council Act, 1956 (102 of 1956); or

(ii) registered or eligible for registration in a medical register

of a State meant for the registration of persons practising themodern scientific system of medicine; or


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(iii) registered in a medical register of a State, who, although not

falling within sub-clause(i) or sub-clause (ii) is declared by a

general or special order made by the State Government in thisbehalf as a person practising the modern scientific system of

medicine for the purposes of this Act; or

(iv) registered oreligible for registration in the register of

dentists for a State underthe Dentists Act, 1948 (16 of 1948);

or

(v) who is engaged in the practise ofveterinary medicine and

who possesses qualifications approved by the State

Government;]

(g) prescribed means in Chapter II prescribed by regulations

made under section 18, and elsewhere prescribed by rules made

under section 46;

7[(h) register means a register of pharmacists prepared and

maintained under Chapter IV;

(i) registered pharmacist means a person whose name is for

the time being entered in the register of the State in which he is


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for the time being residing or carrying on his profession or

business of pharmacy;

(j) State Council means a State Council of Pharmacy

constituted undersection 19, and includes a Joint State

Council of Pharmacy constituted in accordance with an

agreement undersection 20;

(k) University Grants Commission

means the UniversityGrants Commission established undersection 4 of the

University Grants Commission Act, 1956 (3 of 1956).]

8[**]

-----------------------------------------------------------------

1. For Statement of Objects and Reasons, see Gazette of India,

1947, pt. V, p. 469; and for Report of select committee, see

Gazette of India, 1948, pt. V, p. 6

The Act has been extended to Dadra and Nagar Haveli by Reg.

6 of 1963, sec. 2 and Sch.1; to Pondicherry by Reg. 7 of 1963,

sec. 3 and Sch I; to Goa, Daman and Diu by Reg. 11 of 1963,


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sec. 3 and Sch. And to Lakshadweep by Reg. 8 of 1965, sec. 3

and Sch.

The Act has been modified in its application to the States of

Maharashtra, Gujarat, Mysore and Rajasthanby S.O. 2814,

dated 14th August, 1964, Gazette of India, 1964 Extra., Pt. II

Sec. 3(ii), p. 717. The Act has been modified in its application to

the State of Tamil Nadu by the Madras adaptation of Laws(Central Acts) Order, 1957 and the Madras Adaptation of

Laws (Central Acts) Order, 1961.

2. Subs. by Act 24 of 1959, sec. 2, for sub-section (2) (w.e.f. 1-

5-1960).

3. The words not later than three years from the

commencement of this Act, omitted by Act 24 of 1959 sec. 2,

(w.e.f. 1-5-1960).

4. Ins. by Act of 24 of 1959 sec. 2 (w.e.f. 1-5-1960).

5. Subs. by Act 70 of 1976, sec. 2, for clauses (c), (d) and (e)


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(w.e.f.1-9-1976).

6. Subs. by Act 24 of 1959, sec. 3, for clause (f) (w.e.f. 1-5-1960).

7. Subs. by Act 70 of 1976, sec. 2, for clauses (h), (i) and (j)

(w.e.f. 1-5-1976).

8. Clause (k), ins by the A.O. 1950 was omitted by Act 24 of

1959, sec. 3 (w.e.f. 1-5-1960).

Read more: The Pharmacy Act, 1948 - Introduction

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1948-introduction.htm#ixzz1TOyW5nL5

3. Constitution and Composition of Central Council. The

Central Government shall, as soon as may be, constitute a

Central Council consisting of the following members,

namely:-


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(a) six members, among whom there shall be at least one

teacher of each of the subjects, pharmaceutical chemistry,

pharmacy, pharmacology and pharmacognosy elected by the1[University Grants Commission] from among persons on

the teaching staff of an Indian University or a college

affiliated thereto which grants a degree or diploma in

pharmacy;

(b) six members, of whom at least 2[four] shall be persons

possessing a degree or diploma in, and practising pharmacy

orpharmaceutical chemistry, nominated by the Central

Government;

(c) one member elected from amongst themselves by themembers of the Medical Council of India;

(d) the Director General, Health Services, ex officio or if he

is unable to attend any meeting, a person authorized by him in

writing to do so;

3[(dd) the Drugs Controller, India, ex officio or if he is

unable to attend any meeting, a person authorised by him in

writing to do so;]


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(e) the Director of the Central Drugs Laboratory, ex officio;

4[(f) a representative of the University Grants Commission and

a representative of the All India Council for Technical

Education;]

(g) one member to represent each5[***] State elected 6[from

amongst themselves] by the members of each State Council,

who shall be a registered pharmacist;

(h) one member to represent each5[***] State nominated by

7[the] State Government, who shall be 8[***] a registered

pharmacist:

9

[Provided that for five years from the date on which thePharmacy (Amendment) Act, 1976, comes into force the

Government of each Union territory shall, instead of electing a

member under clause (g) nominate one member, being a person

eligible for registration under section 31, to represent that

territory.]

10[***]


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4. Incorporation of Central Council. The Council

constituted undersection 3 shall be a body corporate by the

name of the Pharmacy Council of India, having perpetualsuccession and a common seal, with power to acquire and

hold property both movable and immovable, and shall by

the said name sue and be sued.

5. President and Vice-President of Central Council.

(1) The President and Vice-President of the Central Council

shall be elected by the members of the said Council from

among themselves.

11[***]

(2) 12[The President] orVice-President shall hold office as

such fora term not exceeding five years and not extending

beyond the expiry of his term as member of the Central Council,

but subject to his being a member of the Central Council, he

shall be eligible for re-election:

13[Provided that if his term of office as a member of the Central

Council expires before the expiry of the full term for which he is


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elected as President or Vice-President, he shall, if he is re-

elected or re-nominated as a member of the Central Council,

continue to hold office as President or Vice-President for the fullterm for which he is elected to such office.]

6. Mode of elections. Elections under this Chapter shall be

conducted in the prescribed manner, and where any dispute

arises regarding any such election it shall be referred to the

Central Government whose decision shall be final.

7. Term of office and casual vacancies. (1) Subject to the

provisions of this section, a nominated or elected member

14[***] shall hold office for a term of five years from the date

of his nomination or election or until his successor has beenduly nominated or elected, whichever is longer.

(2) A nominated or elected member may at any time resign

his membership by writing under his hand addressed to the

President, and the seat of such member shall thereupon become

vacant.

(3) A nominated or elected member shall be deemed to have

vacated his seat if he is absent without excuse, sufficient in the


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opinion of the Central Council, from three consecutive meetings

of the Central Council or if he is elected under clause (a), (c) or

(g) of section 3, if he ceases to be a member of the teachingstaff, Medical Council of India or a registered pharmacist, as the

case may be.

(4) A casual vacancy in the Central Council shall be filled

by fresh nomination or election, as the case may be, and the

person nominated or elected to fill the vacancy shall hold office

only for the remainder of the term for which the member whose

place he takes was nominated or elected.

(5) No act done by the Central Council shall be called in

question on the ground merely of the existence of any vacancyin, or any defect in the constitution of the Central Council.

(6) Members of the Central Council shall be eligible for re-

nomination or re-election.

15

[8. Staff remuneration and allowances. The CentralCouncil shall-


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(a) appoint a Registrar who shall act as the Secretary to that

Council and who may also, if deemed expedient by that Council,

act as the Treasurer thereof;

(b) appoint such other officers and servants as that Council

deems necessary to enable it to carry out its functions under this

Act;

(c) require and take from the Registrar, orany other officerorservant, such security for the due performance of his duties

as that Council may consider necessary, and

(d) with the previous sanction of the Central Government,

fix-

(i) the remuneration and allowances to be paid to the

President, Vice-President, and other members of that

Council,

(ii) the pay and allowances and other conditions of service

of officers and servants of that Council.]


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9. The Executive Committee.

(1) The Central Council shall, as soon as may be, constitute an

Executive Committee consisting ofthe President (who shall be

Chairman of the Executive Committee) and Vice-President,

ex officio, and five other members elected by the Central

Council from amongst its members.

(2) A member of the Executive Committee shall hold office assuch until the expiry of his term of office as member of the

Central Council, but, subject to his being a member of the

Central Council, he shall be eligible for re-election.

(3) In addition to the powers and duties conferred and imposed

upon it by this Act the Executive Committee shall exercise and

discharge such powers and duties as may be prescribed.

16[9A. Other Committees.

(1) The Central Council may constitute from among its members

other committees for such general or special purposes as that

Council may deem necessary and for such periods not

exceeding five years as it may specify, and may co-opt for a


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like period persons, who are not members of the Central

Council, as members of such committees.

(2). The remuneration and allowances to be paid to the

members of such committees shall be fixed by the Central

Council with the previous sanction of the Central

Government.

(3) The business before such committees shall be conducted inaccordance with such regulations as may be made under this

Act.]

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1. Subs. by Act 70 of 1976, sec. 3, for authority known as theInter-University Board (w.e.f. 1-9-1976).

2. Subs. by Act 70 of 1976, sec. 3, for three (w.e.f. 1-9-1976).

3. Ins.by Act 24 of 1959, sec.4 (w.e.f. 1-5-1960).

4. Subs. by Act 70 of 1976, sec. 3, for clause (f) (w.e.f. 1-9-

1976).


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5. The word and letter Part A ommited by the Adaptation of

Laws (No.3) Order, 1956.

6. Ins. by Act 70 of 1976, sec. 3 (w.e.f. 1-9-1976).

7. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for

each such.

8. The words either a registered medical practitioner or

omitted by Act 70 of 1976, sec.3 (w.e.f. 1-9-1976).

9. Subs. by Act. 70 of 1976, sec. 3, for the former proviso (w.e.f.

1-9-1976).

10. Explanation omitted by Act 70 of 1976, sec.3 (w.e.f. 1-9-

1976).

11. Proviso omitted by Act 24 of 1959, sec. 5 (w.e.f. 1-5-1960).


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12. Subs. by Act 70 of 1976, sec. 4, for An elected President

(w.e.f. 1-9-1976).

13. Added by Act 70 of 1976, sec. 4. (w.e.f.1-9-1976).

14. The words, other than a nominated President omitted by

Act 70 of 1976, sec. 5 (w.e.f. 1-9-1976).

15. Subs. by Act 70 of 1976, sec. 6, for sec.8 (w.e.f. 1-9-1976).


Read more: The Pharmacy Act, 1948 - Constitution and

Composition of Central Council


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10. Education Regulations.

(1) Subject to the provisions of this section, the Central Council

may, subject to the approval of the Central Government, make

regulations, to be called the Education Regulations,

prescribing the minimum standard of education required for

qualification as a pharmacist.

(2) In particular and without prejudice to the generality of theforegoing power, the Education Regulations may prescribe-

(a) the nature and period of study and of practical training

to be undertaken before admission to an examination;

(b) the equipment and facilities to be provided for studentsundergoing approved courses of study;

(c) the subjects of examination and the standards therein to

be attained;

(d) any other conditions of admission to examinations.

(3) Copies of the draft of the Education Regulations and of

all subsequent, amendments thereofshall be furnished by the

Central Council to all State Governments, and the Central


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Council shall before submitting the Education Regulations or

any amendment thereof, as the case may be, to the Central

Government for approval under sub-section (1) take intoconsideration the comments of any State Government received

within three months from the furnishing of the copies as

aforesaid.

(4) The Education Regulations shall be published in the

Official Gazette and in such other manner as the Central

Council may direct.

(5) The Executive Committee shall from time to time report to

the Central Council on the efficacy of the Education Regulations

and may recommend to the Central Council such amendmentsthereof as it may think fit.

11. Application of Education Regulations to States. At any

time after the constitution of the State Council under Chapter III

and after consultation with the State Council, the State

Government may, by notification in the Official Gazette, declare

that the Education Regulations shall take effect in the State:


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Provided that where no such declaration has been made, the

Education Regulations shall take effect in the State on the expiry

of three years from the date of the constitution of the StateCouncil.

12. Approved courses of study and examinations.

(1) Any authority in a State17][***] which conducts a course

of study for pharmacists may apply to the Central Councilfor approval of the course, and the Central Council, if

satisfied, after such enquiry as it thinks fit to make, that the said

course of study is in conformity with the Education

Regulations, shall declare the said course of study to be an

approved course of study for the purpose of admission to anapproved examination for pharmacists.

(2) Any authority in a State17[***] which holds an

examination in pharmacy may apply to the Central Council

for approval of the examination, and the Central Council, if

satisfied, after such enquiry as it thinks fit to make, that the said

examination is in conformity with the Education Regulations,

shall declare the said examination to be an approved


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examination for the purpose of qualifying for registration as a

pharmacist under this Act.

(3) Every authority in the State17[***] which conducts an

approved course of study or holds an approved examination

shall furnish such information as the Central Council may, from

time to time, require as to the courses of study and training and

examination to be undergone, as to the ages at which such

courses of study and examination are required to be undergone

and generally as to the requisites for such courses of study and

examination.

13. Withdrawal of approval.

(1) Where the Executive Committee reports to the Central

Council that an approved course of study or an approved

examination does not continue to be in conformity with the

Education Regulations, the Central Council shall give notice to

the authority concerned of its intention to take into consideration

the question of withdrawing the declaration of approval

accorded to the course of study or examination, as the case may

be, and the said authority shall within three months from the


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receipt of such notice forward to the Central Council through the

State Government such representation in the matter as it may

wish to make.

(2) After considering any representation which may be received

from the authority concerned and any observations thereon

which the State Government may think fit to make, the council

may declare that the course of study or the examination shall be

deemed to be approved only when completed or passed, as the

case may be, before a specified date.

14. Qualifications granted outside the territories to which

this Act extends. The Central Council, if it is satisfied that

any qualification in pharmacy granted by an authority outsidethe 18[territories to which this Act extends] affords a sufficient

guarantee of the requisite skill and knowledge, may declare such

qualification to be an approved qualification for the purpose of

qualifying for registration under this Act, and may for reasons

appearing to it sufficient at any time declare that suchqualification shall be deemed 19[subject to such additional

conditions, if any ,as may be specified by the Central Council,]


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to be approved only when granted before or after a specified

date:

Provided that no person other than a 20[citizen of India]

possessing such qualification shall be deemed to be qualified

for registration unless by the law and practice of the State or

Country in which the qualification is granted, persons of

Indian origin holding such qualification are permitted to

enter and practise the profession of pharmacy.

15. Mode of declarations. All declarations under section 12,

section 13 or section 14 shall be made by resolution passed at a

meeting of the Central Council, and shall have effect as soon as

they are published in the Official Gazette.

21[15A. The Central Register. (1) The Central Council shall

cause to be maintained in the prescribed mannera register of

pharmacists to be known as the Central Register,which shall

contain the names of all persons for the time being entered in

the register for a State.

(2) Each State Council shall supply to the Central Council

five copies of the register for the State as soon as may be after


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the first day of April of each year, and the Registrar, of each

State Council, shall inform the Central Council, without

delay, all additions to, and other amendments in, theRegister for the State made from time to time.

(3) It shall be the duty of the Registrar of the Central

Councilto keep the Central Register in accordance with the

orders made by the Central Council, and from time to time to

revise the Central Register and publish it in the Gazette of India.

(4) The Central Register shall be deemed to be public

document within the meaning ofthe Indian Evidence Act,

1872 (1 of 1872) and may be proved by the production of a copy

of the Register as published in the Gazette of India.

15B. Registration in the Central Register. The Registrar

of the Central Council shall, on receipt of the report of

registration of a person in the register for a State, enter his name

in the Central Register.]

17. The words of India omitted by the A.O. 1950.


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18. Subs. by the Adaptation of Laws (No 3) Order, 1956, for

Part A States and Part C States which had been subs. by the

A.O. 1950, for Provinces of India.


20. Subs. by the A.O. 1950, for British subject of Indian

domicile.

21. Ins. by Act 70 of 1976, sec.9 (w.e.f. 1-9-1976).

Read more: The Pharmacy Act, 1948 - Education Regulations


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16. Inspection.

(1) The Executive Committee may appoint such number ofInspectors as it may deem requisite for the purposes of this

Chapter.


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(2) An Inspector may-

(a) inspect any institution which provides an approved

course of study;

(b) attend at any approved examination;

(c) inspect any institution whose authorities have applied for

the approval of its course of study or examination under this

Chapter, and attend, as it may deem requisite for the purposes of

this Chapter at any examination of such institution.

(3) An Inspector attending at any examination under sub-

section (2) shall not interfere with the conduct of the

examination, but he shall report to the Executive Committee onthe sufficiency of every examination he attends and on any other

matter in regard to which the Executive Committee may require

him to report.

(4) The Executive Committee shall forward a copy of every

such report to the authority or institution concerned, and shall

also forward a copy together with any comments thereon which

the said authority or institution may have made, to the Central


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Government and to the Government of the State in which the

authority or institution is situated.

17. Information to be furnished.

(1) The Central Council shall furnish copies of its minutes and

of the minutes of the Executive Committee and annual report of

its activities 22[***] to the Central Government.

(2) The Central Government may publish in such manner as it

may think fit any report, 23[or copy], furnished to it under this

section or under section 16.

24[17A Accounts and audit.

(1) The Central Council shall maintain proper accounts and

other relevant records and prepare an annual statements of

accounts, in accordance with such general directions as may be

issued and in such form as may be specified by the Central

Government in consultation with the Comptroller and

Auditor-General of India.

(2) The accounts of the Central Council shall be audited

annually by the Comptroller and Auditor-General of India


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or any person authorized by him in this behalf and any

expenditure incurred by him or any person so authorized in

connection with such audit shall be payable by the CentralCouncil to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any

person authorized by him in connection with the audit of the

accounts of the Central Council shall have the same rights and

privileges and authority in connection with such audit as the

Comptroller and Auditor-General of India has in connection

with the audit of Government accounts, and in particular, shall

have the right to demand the production of books of accounts,

connected vouchers and other documents and papers.

(4) The accounts of the Central Council as certified by the

Comptroller and Auditor-General of India or any person

authorized by him in this behalf together with the audit report

thereon shall be forwarded annually to the Central Council

which shall forward the same with its comments to the CentralGovernment.]

18. Power to make regulations.


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(1) The Central Council may, with the approval of the Central

Government 25[by notification in the Official Gazette,] make

regulations consistent with this Act to carry out the purposes ofthis Chapter.

(2) In particular and without prejudice to the generality of the

foregoing power, such regulations may provide for-

26

[(a) the management of the property of the Central Council;]

(b) the manner in which elections under this Chapter shall be

conducted;

(c) the summoning and holding of meeting of the Central

Council, the times and places at which such meetings shall beheld, the conduct of business thereat and the number of

members necessary to constitute a quorum;

(d) the functions of the Executive Committee, the

summoning and holding meetings thereof, the times and places

at which such meetings shall be held, and the number of

members necessary to constitute a quorum;

(e) the powers and duties of the President and Vice-President;


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(f) the qualifications, the term of office and the powers and

duties of the 27[Registrar, Secretary], Inspectors and other

officers and servants of the Central Council, including theamount and nature of the security to be furnished by the

28[Registrar or any other officer or servant].

29[(g) the manner in which the Central Register shall be

maintained and given publicity;

(h) constitution and functions of the committees other than

Executive Committee, the summoning and holding of meetings

thereof, the time and place at which such meetings shall be held,

the number of members necessary to constitute the quorum.]

(3) Until regulations are made by the Central Council under this

section, the President may, with the previous sanction of the

Central Government, make such regulations under this section,

including those to provide for the manner in which the first

elections to the Central Council shall be conducted, as may be

necessary for carrying into effect the provisions of this Chapter,

and any regulations so made may be altered or rescinded by the

Central Council in exercise of its powers under this section.


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30[(4) Every regulation made under this Act shall be laid, as

soon as may be after it is made, before each House of

Parliament, while it is in session, for a total period of thirty dayswhich may be comprised in one session or in two or more

successive sessions, and if, before the expiry of the session

immediately following the session or the successive sessions

aforesaid, both Houses agree in making any modification in the

regulation or both Houses agree that the regulation should not bemade, the regulation shall thereafter have effect only in such

modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be

without prejudice to the validity of anything previously done

under that regulation.]

-----------------------------------------------------------------------

22. The words together with an abstract of its accounts


23. Subs. By Act 70 of 1976, sec. 10, for copy or abstract

(w.e.f. 1-9-1976).

24. Ins. By Act 70 of 1976, sec. 11, (w.e.f. 1-9-1976).


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25. Ins. by Act 4 of 1986, sec. 2 and sch. (w.e.f. 15-5-1986).

26. Subs. by Act 70 of 1976, sec. 12, for clause (a) (w.e.f. 1-9-

1976).

27. Subs. by Act 70 of 1976, sec. 12 for Secretary (w.e.f. 1-9-

1976).

28. Subs. by Act 70 of 1976, sec. 12, for Treasurer (w.e.f. 1-9-

1976).

29. Ins.by Act 70 of 1976, sec. 12, (w.e.f. 1-9-1976).

30. Ins. By Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986)

Read more: The Pharmacy Act, 1948 - Inspection


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CHAPTER III - STATE PHARMACY COUNCILS

19. Constitution and Composition of State Councils.

Except where a Joint State Council is constituted in

accordance with an agreement made under section 20, theState Government shall constitute a State Council consisting

of the following members, namely:


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(a) six members, elected from amongst themselves by

registered pharmacists of the State;

(b) five members, of whom at least 1[three] shall be persons

possessing a prescribed degree or diploma in pharmacy or

pharmaceutical chemistry or2[registered pharmacists],

nominated by the State Government;

(c) one member elected from amongst themselves by themembers of each Medical Council or the Council of Medical

Registration of the State, as the case may be;

(d) the chief administrative medical officer of the State ex

officio or if he is unable to attend any meeting, a person

authorized by him in writing to do so;

3[(dd) the officer-in-charge of drugs control organization of

the State under the 4[Drugs and Cosmetics Act, 1940 (23 of

1940)], ex officio or if he is unable to attend any meeting, a

person authorized by him in writing to do so;]

(e) the Government Analyst under the 5[Drugs and

Cosmetics Act, 1940 (23 of 1940)], ex officio, or where there


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is more than one, such one as the State Government may

appoint in this behalf:

Provided that where an agreement is made under clause (b)

of sub-section (1) of section 20, the agreement may provide

that the State Council to serve the needs of the other

participating States also shall be augmented by not more than

two members, of whom at least one shall at all times be a

person possessing a prescribed degree or diploma in pharmacy

or pharmaceutical chemistry or a 6[registered pharmacist],

nominated by the Government of each of the said other

participating States, and where the agreement so provides, the

composition of the State Council shall be deemed to be

augmented accordingly.

20. Inter-State agreements.

(1) Two or more State Government may enter into an

agreement to be in force for such period and to be subject to

renewal for such further periods, if any, as may be specified in

the agreement, to provide


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(a) for the constitution of a Joint State Council for

all the participating States, or

(b) that the State Council of one State shall serve

the needs of the other participating States.

(2) In addition to such matters as are in this Act specified, an

agreement under this section may

(a) provide for the apportionment between the

participating State of the expenditure in connection with the

State Council or Joint State Council;

(b) determine which of the participating State

Governments shall exercise the several functions of the StateGovernment under this Act, and the references in this Act to

the State Government shall be construed accordingly;

(c) provide for consultation between the participating State

Governments either generally or with reference to particular

matters arising under this Act;

(d) make such incidental and ancillary provisions, not


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inconsistent with this Act, as may be deemed necessary or

expedient for giving effect to the agreement.

(3) An agreement under this section shall be published in the

Official Gazettes of the participating States.

21. Composition of Joint State Councils. (1) A Joint State

Council shall consist of the following members, namely:

(a) such number of members, being not less than three and

not more than five as the agreement shall provide elected from

amongst themselves by the registered pharmacists of each of

the participating States;

(b) such number of members, being not less than two and notmore than four as the agreement shall provide, nominated by

each participating State Government;

(c) one member elected from amongst themselves by the

members of each Medical Council or the Council of Medical

Registration of each participating State as the case may be;

(d) the chief administrative medical officer of each


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participating State, ex officio, or if he is unable to attend any

meeting, a person authorized by him in writing to do so;

7[(dd) the officer-in-charge of drugs control organization of

each participating State under the 8[Drugs and Cosmetics Act,

1940], ex officio, or if he is unable to attend any meeting, a

person authorized by him in writing to do so;]

(e) the Government Analyst under the8

[Drugs and CosmeticsAct, 1940 (23 of 1940)], of each participating State, ex officio,

or where there is more than one in any such State, such one as

the State Government may appoint in this behalf.

(2) The agreement may provide that within the limits

specified in clauses (a) and (b) of sub-section (1), the number

of members to be elected or nominated under those clauses

may or may not be the same in respect of each participating

State.

(3) Of the members, nominated by each State Government

under clause (b) of sub-section (1), 9[more than half] shall be

persons possessing a prescribed degree or diploma in


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pharmacy or pharmaceutical chemistry or10[registered

pharmacists].

22. Incorporation of State Councils. Every State Council

shall be a body corporate by such name as may be notified by

the State Government in the Official Gazette or, in the case of

a Joint State Council, as may be determined in the agreement,

having perpetual succession and a common seal, with power to

acquire or hold property both movable and immovable and

shall by the said name sue and be sued.

23. President and Vice-President of State Council. (1)

The President and Vice-President of the State Council be

elected by the members from amongst themselves:

Provided that for five years from the first constitution of

the State Council the President shall be a person nominated by

the State Government who shall hold office at the pleasure of

the State Government and where he is not already a member,

shall be a member of the State Council in addition to the

members referred to in section 19 or section 21, as the case


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may be.

(2) 11[The President] or Vice-President shall hold office as

such fora term not exceeding five years and not extending

beyond the expiry of his term as a member of the State

Council, but subject to his being a member of the State

Council, he shall be eligible for re-election:

12

[Provided that if his term of office as a member of theState Council expires before the expiry of the full term for

which he is elected as President or Vice-President, he shall, if

he is re-elected or re-nominated as a member of the State

Council, continue to hold office for the full term for which he

is elected as President or Vice-President.]

-------------------------------------------------------------------------

1. Subs. by Act 70 of 1976, sec. 13, for two (w.e.f. 1-9-

1976).

2. Subs. Act 70 of 1976, sec.13, for members of the

pharmaceutical profession (w.e.f. 1-9-1976).


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4. Subs. by Act 70 of 1976, sec. 13, for Drugs Act, 1940

(w.e.f. 1-9-1976).


(w.e.f. 1-9-1976).

6. Subs. by Act 70 of 1976, sec. 13, for member of the

pharmaceutical profession (w.e.f. 1-9-1976)



(w.e.f. 1-9-1976).

9. Subs.by Act 70 of 1976, sec. 14, for at least half (w.e.f.

1-9-1976).


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10. Subs. by Act 70 of 1976, sec. 14 for members of the

pharmaceutical profession (w.e.f. 1-9-1976).

11. Subs. by Act 70 of 1976, sec. 15, for An elected

President (w.e.f. 1-9-1976).

12. Added by Act 70 of 1976, sec. 15, (w.e.f. 1-9-1976).

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24. Mode of elections. Elections under this Chapter shall be

conducted in the prescribed manner, and where any dispute

arises regarding any such election, it shall be referred to the

State Government whose decision shall be final.

25. Term of office and casual vacancies. (1) Subject to the

provisions of this section, a nominated or elected member, other

than nominated President, shall hold office for a term offive


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years from the date of his nomination or election or until his

successor has been duly nominated or elected, whichever is

longer.

(2). A nominated or elected member may at any time resign his

membership by writing under his hand addressed to the

President, and the seat of such member shall thereupon become

vacant.

(3). A nominated or elected member shall be deemed to have

vacated his seat if he is absent without excuse sufficient in the

opinion of the State Council from three consecutive meetings of

the State Council, or if he is elected under clause (a) or (c) of

section 19 or 21, if he ceases to be a registered pharmacist orcauses to be a member of the Medical Council or Council of

Medical Registration of the State, as the case may be.

(4). A casual vacancy in the State Council shall be filled by

fresh nomination or election, as the case may be, and the person

nominated or elected to fill the vacancy shall hold office only

for the remainder of the term for which the member whose place

he takes was nominated or elected.


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(5) No act done by the State Council shall be called in question

on the ground merely of the existence of any vacancy in, or any

defect in the constitution of, the State Council.

(6) Members of the State Council shall be eligible for re-

nomination or re-election.

26. Staff, remuneration and allowances. The State Council

may, with the previous sanction of the State Government,

(a) appoint a Registrar who shall also act as Secretary and, if

so decided by the State Council, Treasurer, of the State Council;

(b) appoint such other officers and servants as may be required

to enable the State Council to carry out its functions under thisAct;

(c) fix the salaries and allowances and other conditions of

service of the Secretary and other officers and servants of the

State Council;

(d) fix the rates of allowances payable to members of the State

Council:


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Provided that for the first four years from the first

constitution of the State Council, the Registrar shall be a person

appointed by the State Government, who shall hold office duringthe pleasure of the State Government.

13[26A. Inspection. (1) A State Council may, with the

previous sanction of the State Government, appoint Inspectors

having the prescribed qualifications for the purposes of Chapters

III, IV and V of this Act.

(2) An Inspector may

(a) inspect any premises where drugs are compounded or

dispensed and submit a written report to the Registrar;

(b) enquire whether a person who is engaged in compounding

or dispensing of drugs is a registered pharmacist;

(c) investigate any complaint made in writing in respect of any

contravention of this Act and report to the Registrar;

(d) institute prosecution under the order of the Executive

Committee of the State Council;


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(e) exercise such other powers as may be necessary for

carrying out the purposes of Chapters III, IV and V of this Act

or any rules made thereunder.

(3) Any person wilfully obstructing an Inspector in the

exercise of the powers conferred on him by or under this Act or

any rules made thereunder shall be punishable with

imprisonment for a term which may extend to six months, or

with fine not exceeding one thousand rupees, or with both.

(4) Every Inspector shall be deemed to be a public servant

within the meaning of section 21 of the Indian Penal Code

(45 of 1860).]

27. The Executive Committee. (1) The State Council shall,

as soon as may be, constitute an Executive Committee

consisting of the President (who shall be Chairman of the

Executive Committee) and Vice-President, ex officio and such

number of other members elected by the State Council from

amongst themselves as may be prescribed.

(2) A member of the Executive Committee shall hold office as

such until the expiry of his term of office as member of the State


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Council, but, subject to his being a member of the State Council,

he shall be eligible for re-election.

(3) In addition to the powers and duties conferred and imposed

upon it by this Act, the Executive Committee shall exercise and

discharge such powers and duties as may be prescribed.

28. Information to be furnished. (1) The State Council shall

furnish such reports, copies of its minutes and of the minutes ofthe Executive Committee, and abstracts of its accounts to the

State Government as the State Government may from time to

time require and copies thereof shall be sent to the Central

Council.

(2) The State Government may publish, in such manner as it

may think fit, any report, copy, abstract or other information

furnished to it under this section.

--------------------------------------------------------------------------


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1948-mode-of-elections.htm#ixzz1TOzJkmpl

CHAPTER IV - REGISTRATION OF PHARMACISTS

29. Preparation and maintenance of register. (1) As soon

as may be after this chapter has taken effect in any State, the

State Government shall cause to be prepared in the mannerhereinafter provided a register of pharmacists for the State.

(2) The State Council shall as soon as possible after it is

constituted assume the duty of maintaining the register in

accordance with the provisions of this Act.

(3) The register shall include the following particulars, namely:

(a) the full name and residential address of the registered

person;

(b) the date of his first admission to the register;

(c) his qualifications for registration;


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(d) his professional address, and if he is employed by any

person, the name of such person;

(e) such further particulars as may be prescribed.

30. Preparation of first register. (1) For the purpose of

preparing the first register, the State Government shall by

notification in the Official Gazette constitute a Registration

Tribunal consisting of three persons, and shall also appoint aRegistrar who shall act as Secretary of the Registration Tribunal.

(2) The State Government shall, by the same or a like

notification, appoint a date on or before which applications for

registration, which shall be accompanied by the prescribed fee,

shall be made to the Registration Tribunal.

(3) The Registration Tribunal shall examine every application

received on or before the appointed date, and if it is satisfied that

the applicant is qualified for registration under section 31, shall

direct the entry of the name of the applicant on the register.

(4) The first register so prepared shall thereafter be published in

such manner as the State Government may direct, and any


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person aggrieved by a decision of the Registration Tribunal

expressed or implied in the register as so published may, within

sixty days from the date of such publication, appeal to anauthority appointed by the State Government in this behalf by

notification in the Official Gazette.

(5) The Registrar shall amend the register in accordance with the

decisions of the authority appointed under sub-section (4) and

shall thereupon issue to every person whose name is entered in

the register a certificate of registration in the prescribed form.

(6) Upon the constitution of the State Council, the register shall

be given into its custody, and the State Government may direct

that all or any specified part of the application fees forregistration in the first register shall be paid to the credit of the

State Council.

31. Qualifications for entry on first register. 1[A person

who has attained the age of eighteen years shall be entitled] on

payment of the prescribed fee to have his name entered in the

first register if he resides, or carries on the business or

profession of pharmacy, in the State and if he


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(a) holds a degree or diploma in pharmacy or pharmaceutical

chemistry or a chemist and druggist diploma of an Indian

University or a State Government, as the case may be, or aprescribed qualification granted by an authority outside 2[***]

India, or

(b) holds a degree of an Indian University other than a degree

in pharmacy or pharmaceutical chemistry, and has been engaged

in the compounding of drugs in a hospital or dispensary or other

place in which drugs are regularly dispensed on prescriptions of

medical practitioners for a total period of not less than three

years, or

(c) has passed an examination recognised as adequate by theState Government for compounders or dispensers, or

(d) has been engaged in the compounding of drugs in a

hospital or dispensary or other place in which drugs are

regularly dispensed on prescriptions of medical practitioners for

a total period of not less than five years prior to the date notified

under sub-section (2) of section 30.


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32. Qualifications for subsequent registration. (1) After

the date appointed under sub-section (2) of section 30 and before

the Education Regulations have, by or under section 11, takeneffect in the State, 3[a person who has attained the age of

eighteen years shall on payment of the prescribed fee] be

entitled to have his name entered in the register if he resides or

carries on the business or profession of pharmacy in the State

and if he

(a) satisfies the conditions prescribed with the prior approval of

the Central Council, or where no conditions have been

prescribed, the conditions entitling a person to have his name

entered on the first register as set out in section 31, or

(b) is a registered pharmacist in another State, or

(c) possesses a qualification approved under section 14:

Provided that no person shall be entitled 4[under clause (a)

of clause (c)] to have his name entered on the register unless hehas passed a matriculation examination or an examination

prescribed as being equivalent to a matriculation examination.


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(2.) After the Education Regulations have by or under section

11 taken effect in the State, a person shall on payment of the

prescribed fee be entitled to have his name entered on theregister if he has attained the age of5[eighteen years], if he

resides, or carries on the business or profession of pharmacy, in

the State and if he has passed an approved examination or

possesses a qualification approved under section 14 6[or is a

registered pharmacist in another State.]

7[32A.Special provisions for registration of certain persons.

(1) Notwithstanding anything contained in section 32, a State

Council may also permit to be entered on the register

(a) the names of displaced persons who have been carrying onthe business or profession of pharmacy as their principal means

of livelihood from a date prior to the 4th day of March, 1948,

and who satisfy the conditions for registration as set out in

section 31;

(b) the names of citizens of India who have been carrying on

the business or profession of pharmacy in any country outside


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India and who satisfy the conditions for registrations as set out

in section 31;

(c) the names of persons who resided in an area which has

subsequently become a territory of India and who satisfy the

conditions for registration as set out in section 31;

(d) the names of persons who carry on the business or

profession of pharmacy in the State, and

(i) would have satisfied the conditions for registration as

set out in section 31, on the date appointed under sub-section (2)

of section 30, had they applied for registration on or before that

date; or

(ii) have been engaged in the compounding of drugs in a

hospital or dispensary or other place in which drugs are

regularly dispensed on prescriptions of medical practitioners as

defined in sub-clause (iii) of clause (f) of section 2 for a total

period of not less then five years prior to the date appointedunder sub-section (2) of section 30;


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(e) the names of persons who were qualified to be entered in

the register for a State as it existed immediately before the 1st

day of November, 1956, but who, by reason of the area in whichthey resided or carried on their business or profession of

pharmacy having become part of a State as formed on that date,

are not qualified to be entered having in the register for the latter

State only by reason of their not having passed either a

matriculation examination or an examination prescribed as beingequivalent to a matriculation examination or an approved

examination or of their not possessing a qualification approved

under section 14;

(f) the names of persons

(i) who were included in the register for a State as it existed

immediately before the 1st day of November, 1956; and

(ii) who, by reason of the area in which they resided or

carried on their business or profession of pharmacy having

become part of a State as formed on that date, reside or carry on

such business or profession in the latter State;


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(g) the names of persons who reside or carry on their business

of profession or pharmacy in an area in which this Chapter takes

effect after the commencement of the Pharmacy (Amendment )Act, 1959 (24 of 1959), and who satisfy the conditions for

registration as set out in section 31.

(2.) Any person who desires his name to be entered in the

register in pursuance of sub-section (1) shall make an

application in that behalf to the State Council, and such

application shall be accompanied by the prescribed fee.

(3.) The provisions of this section shall remain in operation for

a period of two years from the commencement of the Pharmacy

(Amendment) Act, 1959 (24 of 1959).

Provided that the State Government may, by notification in

the Official Gazette, extend the period of operation of

clause (a), clause (b) or clause (c) of sub-section (1) by such

further period or periods, not exceeding two years in the

aggregate, as may be specified in the notification.

Explanation 1. For the purpose of clause (a) of sub-section

(1), displaced person means any person who on account of the


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setting up of the Dominions of India and Pakistan or on account

of civil disturbances or the fear of such disturbances in any area

now forming part of Pakistan, has on or after the 1st dayof March, 1947, left or been displaced from his place of

residence in such area and who has since then been residing in

India.

Explanation 2. For the purposes of clauses (b), (c) and (g) of

sub-section (1), the period referred to in clause (d) of section 31

shall be computed with reference to the date of application. ]

8[32B. Special provisions for registration of displaced

persons, repatriates and other persons. (1) Notwithstanding

anything contained in section 32 or section 32A, a State Councilmay permit to be entered on the register

(a) the names of persons who posses the qualifications

specified in clause (a) or clause (c) of section 31 and who were

eligible for registration between the closing of the First Register

and the date when the Education Regulations came into effect.

(b) the names of persons approved as qualified persons

before the 31st December, 1969 for compounding or dispensing


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of medicines under the Drugs and Cosmetics Act, 1940 (23 of

1940) and the rules made thereunder;

(c) the names of displaced person or repatriates who were

carrying on business or profession of pharmacy as their principal

means of livelihood in any country outside India for a total

period of not less than five years from a date prior to the date of

application for registration.

Explanation. In this sub-section,

(i) displaced persons means any persons who, on account

of civil disturbances or the fear of such disturbances in any area

now forming part of Bangla Desh, has, after the 14th day of

April , 1957 but before the 25th day of March , 1971 , left , or

has been displaced from , his place of residence in such area and

who has since then been residing in India

(ii) repatriate means any person of Indian origin who , on

account of civil disturbances or the fear of such disturbances inany area now forming part of Burma , Sri Lanka or Uganda, or

any other country has after the 14th day of April , 1957 , left or


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has been displaced from , his place of residence in such area and

who has since then been residing in India.

(2.) The provisions of clauses (a) and (b) of subsection (1)

shall remain in operation for a period of two years from the

commencement of the Pharmacy (Amendment )Act , 1976.]

33. Scrutiny of applications for registration. (1) After the

date appointed under sub-section (2) of section 30 , applicationsfor registration shall be addressed to the Registrar of the State

Council and shall be accompanied by the prescribed fee.

(2.) If upon such application the Registrar is of opinion that the

applicant is entitled to have his name entered in the register

under the provisions of this Act for the time being applicable ,

he shall enter the name of the applicant in the register:

Provided that no person whose name has under the provisions

of this Act been removed from the register of any State shall be

entitled to have his name entered in the register except with theapproval of the State Council recorded at a meeting.


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(3.) Any persons, whose application for registration is rejected

by the Registrar, may within three months from the date of such

rejection appeal to the State Council, and the decision of theState Council thereon shall be final.

(4.) Upon entry in the register of a name under section, the

Registrar shall issue a certificate of registration in the prescribed

form.9

-------------------------------------------------------------------------

1. Subs. by Act 24 of 1959, sec. 9, for A person shall be

entitled (w.e.f. 1-5-1960).

2. The words the Provinces of omitted by the A.O. 1950.

3. Subs. by Act 24 of 1959, sec. 10, for a person shall on

payment of the prescribed fee (w.e.f. 1-5-1960).

4. Subs. by Act 24 of 1959, sec. 10, for under this sub-section

(w.e.f. 1-5-1960).


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5. Subs. by Act of 24 of 1959, sec 10, for twenty-one years

(w.e.f. 1-5-1960).




9. In its application to the State of Andhra Pradesh, section 33A

has been inserted by the Andhra Adaptation of Laws (Second

Amendment) Order, 1954.

In its application to the State of Madras, section 33A has been

inserted by the Adaptation of Laws Order, 1954 and latter subs.

by the Madras (Added Territories) Adaptation of Laws Order,

1961.

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pharmacy-act-1948-registration-of-

pharmacists.htm#ixzz1TOzRnysv

34. Renewal fees. (1) The State Government may, by

notification in the Official Gazette, direct that for the

retention of a name on the register after the 31st day of

December of the year following the year in which the name is

first entered on the register , there shall be paid annually to

the State Council such renewal fee as may be prescribed ,

and where such direction has been made, such renewal fee

shall be due to be paid before the first day of April of the

year to which it relates.

(2) Where a renewal fee is not paid by the due date, the

Registrar shall remove the name of the defaulter from the

register:

Provided that a name so removed may be restored to the

register on such conditions as may be prescribed.

(3) On payment of the renewal fee, the Registrar shall


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10[issue a receipt therefor and such receipt shall be proof of

renewal of registration.]

35. Entry of additional qualifications. A registered

pharmacist shall on payment of the prescribed fee be entitled

to have entered in the register any further degrees or diplomas

in pharmacy on pharmaceutical chemistry which he may

obtain.

36. Removal from register.

(1) Subject to the provisions of this section, the Executive

Committee may order that the name of a registered pharmacist

shall be removed from the register, where it is satisfied, after

giving him a reasonable opportunity of being heard and after

such further inquiry, if any, as it may think fit to make,-

(i) that his name has been entered into the register by error

or on account of misrepresentation or suppression of a

material fact, or

(ii) that he has been convicted of any offence or has been

guilty of any infamous conduct in any professional respect


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which in the opinion of the Executive Committee, renders him

unfit to be kept in the register, or

(iii) that a person employed by him for the purposes of his

business of pharmacy 11[or employed to work under him in

connection with any business of pharmacy] has been convicted

of any such offence or has been guilty of any such infamous

conduct as would, if such person were a registered pharmacist,

render him liable to have his name removed from the register

under clause (ii):

Provided that no such order shall be made under clause

(iii) unless the Executive Committee is satisfied

(a) that the offence or infamous conduct was instigated or

connived at by the registered pharmacist, or

(b) that the registered pharmacist has at any time during the

period or twelve months immediately preceding the date on

which the offence or infamous conduct took place committed

a similar offence or been guilty of similar infamous conduct,

or


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(c) that any person employed by the registered pharmacist

for the purposes of his business of pharmacy 11[or employed to

work under him in connection with any business of pharmacy]has at any time during the period of twelve months

immediately preceding the date on which the offence or

infamous conduct took place, committed a similar offence or

been guilty of similar infamous conduct, and that the

registered pharmacist had, or reasonably ought to have had,

knowledge of such previous offence or infamous conduct , or

(d) that where the offence or infamous conduct continued

over a period, the registered pharmacist had, or reasonably

ought to have had, knowledge of the continuing offence or

infamous conduct, or

(e) that where the offence is an offence under the 12[Drugs

and Cosmetics Act, 1940 (23 of 1940)], the registered

pharmacist has not used due diligence in enforcing compliance

with the provisions of that Act in his place of business and by

persons employed by him 11[or by persons under his control].

(2) An order under sub section (1) may direct that the


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person whose name is ordered to be removed from the register

shall be ineligible for registration in the State under this Act

either permanently or for such period as may be specified.

(3) An order under sub-section (1) shall be subject to

confirmation by the State Council and shall not take effect

until the expiry of three month from the date of such

confirmation.

(4) A person aggrieved by an order under sub-section (1)

which has been confirmed by the State Council may, within

thirty days from the communication to him of such

confirmation, appeal to the State Government, and the order of

the State Government upon such appeal shall be final.

(5) A person whose name has been removed from the register

under this section or under sub-section (2) of section 34 shall

forthwith surrender his certificate or registration to the

Registrar, and the name so removed shall be published in the

Official Gazette.


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37. Restoration to registerThe State Council may at any

time for reasons appearing to it sufficient order that upon

payment of the prescribed fee the name of a person removedfrom the register shall be restored thereto:

Provided that where an appeal against such removal has

been rejected by the State Government, an order under this

section shall not take effect until it has been confirmed by the

State Government.

38. Bar of other jurisdiction. No order refusing to enter

a name on the register or removing a name from the register

shall be called in question in any Court.

39. Issue of duplicate certificate of registration. Where

it is shown to the satisfaction of the Registrar that a certificate

of registration has been lost or destroyed, the Registrar may,

on payment of the prescribed fee, issue a duplicate certificate

in the prescribed form.

13 [40. Printing of register and evidentiary value of entries

therein. (1) As soon as may be after the 1st day of April


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subsequent to the commencement of the Pharmacy

(Amendment) Act, 1959 (24 of 1959), the Registrar shall

cause to be printed copies of the register as it stood on the saiddate.

(2) The Registrar shall thereafter cause to be printed as soon

as may be after the 1st day of April in each year copies of the

annual supplement to the register referred to in sub-section (1),

showing all additions to and other amendments in, the said

register.

(3) (a) the register shall be brought up-to-date three months

before ordinary elections to the State Council are held and

copies of this register shall be printed.

(b) The provisions of sub-section (2) shall apply to the

register as so printed as they apply to the register referred to in

sub-section (1).

(4) The copies referred to in sub-section (1) or sub-section (2)

or sub-section (3) shall be made be available to persons

applying therefor on payment of the prescribed charge and


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shall be evidence that on the date referred to in the register or

annual supplement, as the case may be, the persons whose

name are entered therein were registered pharmacists.]

---------------------------------------------------------------------

10. Subs. by Act 24 of 1959 , sec 12 for in the prescribed

manner endorse the certificate of registration accordingly

(w.e.f . 1-5-1960).

11. Ins. by Act 24 of 1959, sec.13 ( w.e.f. 1-5-1960).

12. Subs. by Act 70 of 1976, sec.18, for Drugs Act, 1940. (

w.e.f. 1-9-1976).

13. Subs. by Act 24 of 1959, sec. 14, for section 40 (w.e.f .1-

5-1060).

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CHAPTER V - MISCELLANEOUS

41. Penalty for falsely claiming to be registered.

(1) If any person whose name is not for the time being entered

into the register of the State falsely pretends that it is so entered

or uses in connection with his name or title any words or letters

reasonably calculated to suggest that his name is so entered, he

shall be punishable on first conviction with fine which may

extend to five hundred rupees and on any subsequent conviction

with imprisonment extending to six months or with fine not

exceeding one thousand rupees or with both:

Provided that it shall be a defence to show that the name of

the accused is entered in the register of another State and that at

the time of the alleged offence under this section an application

for registration in the State had been made.

(2) For the purposes of this section

(a) it shall be immaterial whether or not any person is

deceived by such pretence or use as aforesaid;


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(b) the use of the description pharmacist, chemist,

druggist, pharmaceutist, dispenser , dispensing chemist,

or any combination of such words

1

[or of any such word withany other word] shall be deemed to be reasonably calculated to

suggest that the person using such description is a person whose

name is for the time being entered in the resister of the State;

(c) the onus of proving that the name of a person is for the

time being entered in the register of a State shall be on him who

asserts it.

(3) Cognizance of an offence punishable under this section shall

not be taken except upon complaint made by order of the State

Government or

1

[any officer authorized in this behalf by theState Government or by order of] the Executive Committee of

the State Council.

42. Dispensing by unregistered persons.(1) On or after

such date as the State Government may by notification in the

Official Gazette appoint in this behalf, no person other than a

registered pharmacist shall compound, prepare, mix, or dispense


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any medicine on the prescription of a medical practitioner

2[***];

Provided that this sub-section shall not apply to dispensing

by a medical practitioner of medicine for his own patients, or

with the general or special sanction of the State Government, for

the patients of another medical practitioner.

(2) Whoever contravenes the provisions of sub-section (1) shallbe punishable with imprisonment for a term which may extend

to six months, or with fine not exceeding one thousand rupees or

with both.


not be taken except upon complaint made by 3[order of the State

Government or any officer authorized in this behalf by the State

Government or by order of the Executive Committee of the State

Council]:

4

[Provided further that where no such date is appointed by theGovernment of a State, this sub-section shall take effect in that

State on the expiry of a period of5 [eight years] from the

commencement of the pharmacy (Amendment) Act, 1976.]


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43. Failure to surrender certificate of registration. (1) If

any person whose name has been removed from the register fails

without sufficient cause forthwith to surrender his certificate ofregistration he shall be punishable with fine which may extend

to fifty rupees.


not be taken except upon complaint made by an order of the

Executive Committee.

44. Payment of part of fees to Central Council. The State

council shall before the end of June in each year pay to the

Central Council a sum equivalent to one-fourth of the total fees

realized by the State Council under this Act during the period oftwelve months ending on the 31st day of March of that year.

45. Appointment of Commission of Enquiry. (1) Whenever

it appears to the Central Government that the Central Council is

not complying with any of the provisions of this Act, the Central

Government may appoint a Commission of Enquiry consisting

of there persons, two of whom shall be appointed by the Central

Government one being the Judge of a High Court, and one by


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the Council; and refer to it the matters on which the enquiry is to

be made.

(2) The Commission shall proceed to enquire in such manner as

it may deem fit and report to the Central Government on the

matters referred to it together with such remedies, if any, as the

Commission may like to recommend.

(3) The Central Government may accept the report or remit thesame to the Commission for modification or reconsideration.

(4) After the report is finally accepted, the Central Government

may order the Central Council to adopt the remedies so

recommended within such time as may be specified in the order

and if the Council fails to comply within the time so specified,

the Central Government may pass such order or take such action

as may be necessary to give effect to the recommendations of

the Commission.

(5) Whenever it appears to the State Government that the StateCouncil is not complying with any of the provisions of the Act,

the State Government may likewise appoint a similar


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Commission of Enquiry and pass such order or take such action

as specified in sub sections (3) and (4).

46. Power to make rules. (1) The State Government may, by

notification in the Official Gazette, make rules to carry out the

purposes of Chapters III, IV and V.

(2) In particular and without prejudice to the generality of the

foregoing power such rules may provide for-

(a) the management of the property of the State Council, and

the maintenance and audit of its accounts;

(b) the manner in which elections under Chapter III shall be

conducted;

(c) the summoning and holding of meetings of the State

Council, the times and places at which such meetings shall be

held, the conduct of business thereat and the number of

members necessary to form a quorum;

(d) the powers and duties of the President and Vice-President

of the State Council;


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(e) the constitution and function of the Executive Committee,

the summoning and holding of meetings thereof, the times and

places at which such meetings shall be held, and number ofmembers necessary to constitute a quorum;

(f) the qualifications, the term of office and the powers and

duties of the Registrar and other officers and servants of the

State Council including the amount and nature of the security to

be given by the Treasurer;

6[(ff) the qualifications, powers and duties of an Inspector;]

(a) the particulars to be stated, and the proof of qualifications

to be given, in application for registration under Chapter IV;

(b) the conditions for registration under sub-section (1) of

section 32;

(c) fees payable under Chapter IV and the charge for

supplying copies of the register;

(d) the form of certificates of registration 7[***].

(e) the maintenance of a register;


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8[(kk) the conduct of pharmacists and their duties in relation to

medical practitioners the public and the profession of

pharmacy;]

(f) any other matter which is to be or may be prescribed

under Chapters III, IV and V except sub-sections (1),(2),(3) and

(4) of section 45.

9

[(3) Every rule made by the State Government under thissection shall be laid, as soon as may be after it is made, before

the State Legislature.]

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1. Ins by Act 24 of 1959, sec. 15 ( w. e .f . 1-5-1960)

2. The words except under the direct and personal supervision

of a registered pharmacist omitted by Act 24 of 1959 , sec. 16

(w.e.f . 1-5-1960)

3. Subs. by Act 24 of 1959, sec. 16, for an order of the State

Government (w.e.f. 1-5-1960).


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4. Added by Act 70 of 1976, sec.19 (w.e.f. 1-9-1976).

5. Subs. by Act 22 of 1982, sec. 2 (w.e.f. 1-9-1981).

6. Ins.by Act 70 of 1976, sec.20 (w.e.f. 1-9-1976).

7. The words and the manner of endorsement of renewals

thereof


8. Ins. by Act 24 of 1959, sec.17 (w.e.f. 1-5-1960).

9. Ins. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986).

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